NI FLEXRIO INSTRUMENT DESIGN LIBRARY SOFTWARE LICENSE AGREEMENT
NOTICE: This is a contract and you should carefully read this agreement. By downloading, accessing, opening, installing, or otherwise using these materials, you agree to the terms and conditions of this agreement and the license it grants. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITION OR DO NOT WANT TO BE BOUND BY THEM, THEN DO NOT ACCESS, OPEN, INSTALL, OR OTHERWISE USE THESE MATERIALS AND DELETE AND DESTROY ALL COPIES OF THESE MATERIALS.
"Licensed Materials" means the LabVIEW virtual instruments ("VIs"), hardware files (including VHDL and ngc netlists), and LabVIEW projects that the installer installs in the \instr.lib\_niInstr directory in your LabVIEW directory.
You are hereby granted a non-exclusive, conditional copyright license (1) to use and redistribute all or a portion of the Licensed Materials that are access-restricted (e.g., encrypted or password-protected), and (2) to modify, use, access-restrict, and redistribute (with or without modification) all or a portion of the Licensed Materials that are not access-restricted.
This license is conditioned on you fulfilling each the following obligations: (1) you shall not circumvent any access restriction to any of the Licensed Materials (e.g., decrypt any of the encrypted hardware files, or crack or reverse engineer any password), (2) if you redistribute all or a portion of the Licensed Materials (with or without modification), you shall do so subject to these terms and conditions, and shall include a copy of this agreement if no other terms or conditions apply, (3) you shall comply with the terms and conditions of this agreement and the license it grants, and (4) you shall comply with the terms and conditions of every other agreement and license necessary to use or modify all or a portion of the Licensed Materials.
This agreement automatically terminates and the license it grants is automatically revoked if you breach any term or condition of this agreement or this license.
To avoid any doubt, (1) every right that is not expressly granted in this agreement is reserved by the right-holder, and (2) the terms of this agreement do not license any other proprietary right or interest, including, but not limited to, under any patent, trademark, service marks, trade name, or trade secret.
DISCLAIMER OF ALL WARRANTIES AND SUPPORT, AND OF LIABILITY AND DAMAGES. The Licensed Materials may contain in whole or in part pre-release, untested, or not fully tested works. The Licensed Materials may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that your use of the Licensed Materials, or any portion thereof, is at your sole and entire risk. THE LICENSED MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY, UPGRADES OR SUPPORT OF ANY KIND AND THE COPYRIGHT HOLDER AND ALL CONTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, TITLE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE COPYRIGHT HOLDER AND EACH CONTRIBUTOR, INDIVIDUALLY, DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED MATERIAL, THAT THE LICENSED MATERIALS WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR USE OF THE LICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED MATERIALS WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COPYRIGHT HOLDER OR ANY CONTRIBUTOR SHALL CREATE A WARRANTY. You expressly acknowledge and agree that the Licensed Materials is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems, air traffic control machines, or medical devices (including surgical implants and life support systems) or applications in which case the failure of the Licensed Materials could lead to death, personal injury, or severe physical or environmental damage. You expressly acknowledge and agree that you, solely, are responsible for verifying and validating the suitability of the Licensed Materials for use in any particular system or application. IN NO EVENT SHALL THE COPYRIGHT HOLDER OR ANY CONTRIBUTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE LICENSED MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. You expressly acknowledge and agree that (1) this paragraph, to the maximum extent permitted by law, allocates to you all risk associated with your redistribution and use of the Licensed Materials, and (2) this allocation is an essential condition of this license.
© 2014 National Instruments. All Rights Reserved.
374956A-01
November 2014